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05MayPBPlanning Board Agenda May 2, 2023 Page 1 of 2 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA May 2, 2023 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members: • Reid Pell, Chair; • Kemp Davis, Vice-Chair • John Cable; • Melinda Vaughan; • Reggie Beeson; • Ken Austin; • Barry Bunting; and • Brandon Hedrick, Alternate. 3. Consent Agenda: • Approval of agenda for the May 2, 2023, Planning Board meeting. • Approval of the minutes from the April 4, 2023, Planning Board meeting. 4. Conflict of Interest • Are there any Conflicts of Interest or ex parte communication that should be disclosed? • If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified. 5. Old Business. 6. New Business. SPECIAL USE PERMIT REQUEST #2023-00000880 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by LARRY SPARKS, Ramseur, NC, and his request to obtain a Special Use Permit at 424 Lee Layne Rd, Columbia Township, Tax ID #8712645602, 3.01 acres, RA - Residential Planning Board Agenda May 2, 2023 Page 2 of 2 Agricultural District and RR – Residential Restricted District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a towing service with an outside storage lot as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. REZONING REQUEST #2023-00000886 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by FSC II LLC, Raleigh, NC, and their request to rezone 11.93 acres at 6867 Willard Rd, Liberty Township, Rocky River Balance Watershed, Tax ID # 8725766570, 8725757997 and 8725960159, Primary Growth Area, from RA - Residential Agricultural District and HI – Heavy Industrial District to HI-CD - Heavy Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow to the expansion of the existing asphalt plant as per the site plan. Property Owners: FSC II, LLC and Russell Lineberry REZONING REQUEST #2023-00000873 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by ALLEN RADFORD, Randleman, NC, and his request to rezone 0.46 acres at 10973 Randleman Rd, Level Cross Township, Randleman Lake Protected Area Watershed, Tax ID #7758955367, Primary Growth Area, from HC-CD - Highway Commercial - Conditional District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically amend the existing site plan to allow a 40 ft. by 60 ft. pole shed and gravel lot with 25% impervious surface as per the site plan. Property Owner: Matthew Newman REZONING REQUEST #2023-00000876 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by STEVE WISHON, Asheboro, NC, and his request to rezone 1.68 acres out of 3.59 acres at 1319 Nance Rd, Franklinville Township, Tax ID #7783518921, Secondary Growth Area, from RA - Residential Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow an auto repair garage and towing service in an existing building as per the site plan. Property Owners: Teresa C Wood and Robin C Bryant 7. Consider resolution in opposition to Senate Bill 317. 8. Adjournment. Attachments Planning Board Minutes April 4, 2023 Page 1 of 14 RANDOLPH COUNTY PLANNING BOARD MINUTES April 4, 2023 There was a meeting of the Randolph County Planning Board on Tuesday, April 4, 2023, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Pell called the meeting to order at 6:30 p.m. and welcomed those in attendance and asked for a roll call of the members. Hal Johnson, County Manager, called the roll of the Board members. • Reid Pell, Chair, present; • Kemp Davis, Vice-Chair, present; • John Cable, present; • Melinda Vaughan, present; • Reggie Beeson, present; • Ken Austin, present; • Barry Bunting, absent; and • Brandon Hedrick, Alternate, present, substituting for Bunting. County Attorney, Ben Morgan, was also present. Johnson informed the Chairman there was a quorum of the members present for the meeting. Pell called for a motion to approve the consent agenda as presented. Consent Agenda: • Approval of agenda for the April 4, 2023, Planning Board meeting. • Approval of the minutes from the March 7, 2023, Planning Board meeting. Cable made the motion to APPROVE the consent agenda as presented, with Austin making the second to the motion. The motion was adopted unanimously. Pell asked the Board members if there were any conflicts in the following cases. Hearing none, Pell turned to Johnson to present the first case of the night. Johnson reminded the Board about the April 18, 2023, Growth Management Plan update meeting at Eastern Randolph High School. Johnson said that so many changes are happening in northeast Randolph County as a result of the Toyota Megasite and Planning Board Minutes April 4, 2023 Page 2 of 14 Wolfspeed in Chatham County, the County wanted to recognize that we will have industrial and commercial developments coming to the area in due to Toyota and Wolfspeed. Johnson said that both of these construction projects will impact the future of Randolph County in many ways such as thousands of employees, State funding to develop the necessary infrastructure, and the need for housing. Johnson said that the purpose of the public meeting was to give the public a chance to look at northeast Randolph County to see changes that are taking place and provide input to the Planning Board and the Board of County Commissioners on policies the citizens would like to see to help regulate and channel growth. The meeting will touch on many issues such as water and sewer infrastructure and where these lines will be located along with how to address the areas of higher-density residential development that may happen as a result of the investments in these two sites. Johnson said that it will be important for the Planning Board to attend and that the public is invited to attend and let the County know things we need to take into consideration as we move forward with the update of the Randolph County Growth Management Plan. Johnson concluded his comments by saying that the construction at the Toyota Megasite is the largest construction project in the United States at this time. Johnson reminded those in attendance that the public meeting on April 18, 2023, is not a public hearing but an opportunity to make comments to the County Planning staff and the Piedmont Triad Regional Council staff. Johnson presented the first case along with site plans, and pictures of the site and surrounding properties including a map of the Growth Management Plan around the request location. The issue, in this case, is the Rural Growth Area. REZONING REQUEST #2023-00000382 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by JOE MILLIKAN, Randleman, NC, and his request to rezone 15.88 acres at 1801 Naomi Rd, Providence Township, Polecat Creek Critical Area Watershed, Tax ID #7775062096, Rural Growth Area, from RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow a six-lot site-built subdivision as per the site plan. Property Owner: Nicholas Jason Millikan Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. Joe Millikan, 1788 Naomi Rd, presented a picture of what he is wanting to do by using the map that was used at the Neighborhood Information Meeting in March. Millikan said that the area in the yellow is the thirteen acres that he wants to rezone and the orange areas are developments that have one-acre tracts and that there are fifty-five homes in that area. Millikan went on to say that there are 494 site-built houses within the one-mile radius of the request location and that within one-fourth mile there are sixty-two homes and that there are twenty-four mobile homes located within the same one-mile radius. Planning Board Minutes April 4, 2023 Page 3 of 14 Millikan relayed how he had applied for rezoning in 2018 using the same plan and he was asked to drop the request as the County had hired someone to evaluate the zoning ordinance and the Growth Management Plan. Millikan said that he talked to someone in August 2022 and asked what he could do with the property. Millikan made an appointment and Jay Dale told him that someone had asked about a place to put a subdivision. Millikan then told the Planning Board about conversations with Commissioner Hope Haywood. Millikan said that Haywood came and visited the site and she was surprised that it was so close to the municipal border for the City of Randleman. Millikan stated that due to the property's location near Polecat Creek that the lots are a minimum of 80,000 sq. ft. per residence but that the City of Randleman no longer uses Polecat Creek for its water supply. Millikan said that Haywood told him to ask the City of Randleman about annexing the property and Millikan stated that the City of Randleman did come to the property to discuss annexing the property but that he did now want to annex the property due to taxes. Millikan then stated that went around to property owners within one-half mile and received twenty-seven signatures of people that are fine with the proposed development and that he thought it was foolish for the County to say that the six lots must be a minimum of three acres each while the City of Randleman may let him do forty to fifty lots on the same parcel. Millikan concluded that he wants to be able to sell the property in case he needs money for his health care and that he reserved the right to address any questions that are raised. Pell asked if there were any questions from the Planning Board. Cable asked Millikan about the road frontage of the lots on the site plan and Millikan responded that the lots have an average of 122 feet of State road frontage. Austin asked Millikan about the numbers he cited when giving his presentation and he asked specifically about the number of homes in subdivisions or on individual lots. Millikan stated that there is one large subdivision in the area, Brown Oaks, and he assumes there are 150 to 160 houses in that development. Austin asked how long it has been since Brown Oaks was developed and Millikan said that he thought it was five to seven years ago. Austin asked Millikan a question about the site plan showing only one driveway. Millikan replied that each lot would have its own driveway and that he would be using the same configuration for each lot. Pell asked Millikan if the wanted to submit his petition to the Planning Board and Millikan gave the petition to the Clerk to the Planning Board. (See Exhibit #1.) Millikan also mentioned that there had been some comments posted on Facebook about the request. Pell asked if there were others present in favor of the request that wanted to speak. Planning Board Minutes April 4, 2023 Page 4 of 14 Bryan Scott Herndon, 3774 Cedar Springs Rd, rose to address the Planning Board and he stated that he lives across the road from the request location and that Millikan has been very honest about the request, and that he does not want to get annexed into the City of Randleman. Herndon further stated that he navigates this stream beside the request location several times a year and that he supports the request of Millikan. Pell asked if there was anyone else that wished to speak in favor of the request. Hearing none, Pell asked if there was anyone in attendance that wished to speak in opposition to the rezoning request. Tom Wright, 301 N Elm St, Greensboro, stated that he has been retained as an attorney for Larry Routh and other farmers and neighbors that oppose this rezoning request. Wright stated that it has been said tonight that the request does not meet the three-acre lot size requirement from the Randolph County Growth Management Plan and that lots do not meet the dimensional requirements of the 1:4 lot width-to-depth ratio required by the Randolph County Growth Management Plan nor the Randolph County Unified Development Ordinance in that the lots are 122 ft. wide at the Naomi Rd and that with the 12.38 acres as shown on the application that is approximately two acres per lot. Wright asked if there is a compelling reason for this subdivision to be in this location and for it to deviate from Randolph County Growth Management Plan. Wright asked what is it about this track that would allow the lot sizes to be reduced and that it was the position of the neighbors that there is nothing about this track that would allow a smaller lot size. Wright told the Planning Board that there are many first, second, and third-generation farmers in this area and many existing building lots in the areas are over the required three acres minimum, and that this is Rural Growth Area and other people came to this area or inherited their property with the idea that it would be rural and not houses after house after houses and Wright ask why is it that this subdivision seeks to deviate from the adopted Growth Management Plan. Wright then read from the Growth Management Plan which describes the Rural Growth Area as: “This specialized area is characterized by traditional agricultural operations, pasture land, forestry, rural lot residential subdivisions, and open space scattered non-farm residences on large tracts of land. Rural scenic vistas are a natural part of the landscape.” Wright went on to discuss the Environmental and Watershed Restrictions that exist on the property and he stated that the only reason that he could find that would allow a deviation from the three-acre lot sizes is that State only requires an 80,000 sq. ft. lot size in a protected area and ash why the Planning Board and the Board of County Commissioners has determined that something more than 80,000 sq. ft. is necessary to protect the environment and that the Board of County Commissioners can change the minimum lot size but it should not be done in an unplanned fashion. Wright asked the Planning Board about what the harm would be in six lots. Ten lots. Wright stated that the Planning Board Minutes April 4, 2023 Page 5 of 14 next property owner could come before the Planning Board to look to do lots that do not meet requirements and that there is no reason that this subdivision should be approved with two acres lots and there is no reason why it cannot qualify for three-acre lots sizes. Wright further stated that this property is not a great place for subdivision as Naomi Rd is a windy, hilly road that has a fifty-five mile per house speed limit and there was a fatality in this area just four years ago and many citizens used Naomi Rd as a short cut to get to the Randleman Wal-Mart from Liberty and other community. Wright stated that adding thirty-six trips per day might not be a lot but with the road conditions and school buses people not be able to stop in time due to it being a windy, hilly road/ Wright stated that Millikan said neighbors said that were in favor of the request when given a choice of being annexed or having two-acre lots and most people would prefer two acres lots. Wright said that three neighbors are living beside the request location now and they have said they will sell and move as the area would lose its rural character. Wright asked for those in opposition to stand and 19 people stood in opposition. Wright said that the agricultural nature of Randolph County is something that comes up a lot and that Randolph County is looking to build a Farm and Family Center at a cost of around $29,000,000 and which further proves the value of agricultural land in the County. Wright reminded the Planning Board that residences are allowed in agricultural areas but not in such high density as being proposed at this location. Wright referred to the upcoming Growth Management Plan meeting on April 18, 2023, and that all of this will impact how we should react to development and that the Board of County Commissioners may change the Growth Management Plan to allow higher densities but that the Board of County Commissioners would have neighbor input and seek expert opinions and that is does not make sense to walk away from the existing Growth Management Plan to approve this request. Wright concluded by saying that someone has to make a decision but it will be a hard decision and he urged the Planning Board to deny the request and follow the staff recommendation. Pell asked if there were any questions from Planning Board members for Wright. Hearing none, Pell called for others in opposition that wanted to speak to come forward to address the Planning Board. Sharon Lamb Cannon, 1942 Bull Run Creek Rd, rose to address the Planning Board and she said that she is a fifth-generation farmer and that her grandsons will be sixth- generation farmers on the same property. Cannon stated that all of the people attending the meeting behind her are farmers. Cannon said that Millikan said that he owns forty acres and that he is the closest to Randleman and that Randleman has proximity housing and that Millikan said that he could do forty houses on forty-eight acres and the State says that is not possible. Cannon told the Planning Board that Millikan owns other property in the area that he could sell that would not impact farms and she reminded the Planning Board that chicken houses do produce strong odors and that the three-acre minimum lot size would be a good thing to keep everything equal. Cannon stated that the citizens in the community want the property to be farmland and stay that way and that the Planning Board Minutes April 4, 2023 Page 6 of 14 existing farms want to ride their tractors on their property and not have to worry about the dangerous intersections and that all of the issues to be considered in this case and to make sure that everyone abides by same rules. Pell asked if there was anyone else in opposition to the request that wanted to speak. Hearing none, Pell asked Millikan if he wanted to address the concerns raised. Millikan rose to give his rebuttal to those in opposition. Millikan said that in 2009, the goal of the Growth Management Plan was to not stop growth but to channel growth to areas served by public infrastructure for long-term growth. Millikan went on to say the that Growth Management Plan provides development options for environmental protection and that rezonings should be compatible with the area and that his map shows that the request is compatible with the City of Randleman on the west side and Rural Growth Areas on all the other sides. Millikan went on to say that if he was greedy, he would have built out the property instead of investing in a 401K and that he does not own any land for development, and the land that he does have has already been divided and given to his children. Millikan then told the Planning Board that the difference between four and six lots is that the four lots would sell for around $120,000 whereas the six lots would sell for around $180,000 and he asked the Planning Board why he should be willing to accept less money. Millikan went on to say that the property for the request location is not farmland due to the topography of the property and the site for the solar farm on his property hilly, rolling and the site of the solar farm in his property is not good for houses due to topography issues. Millikan advised the Planning Board that many young people are not able to pay $30,000 for property to build a house and that much land is inherited and those people are set and everyone needs to remember about the people who are trying to get started in life. Morgan told Millikan to address concerns from the opposition and nothing else. Millikan asked if the Planning Board had any questions for him. Hedrick asked if he had done a soil evaluation to see if the property could hand septic systems and Millikan stated that none had been done but that there were already three houses on the adjoining parcels. Kemp reminded Millikan that unless he has the soil evaluated, there is no guarantee that he would be able to develop the property. Pell asked if there were other questions for the Planning Board, Hearing none, Pell closed the public hearing. Beeson stated that he is familiar with this location and the development on Camp Nawaka Rd and that his proposal would be an improvement over what is existing, but the plan as submitted will not work. Planning Board Minutes April 4, 2023 Page 7 of 14 Davis commended Millikan for what he is doing and stated that the Growth Management Plan requires a minimum lot size of three acres and the State requires 80,000 sq. ft. per residence since the request location is in a water-critical area. Davis said that the current Growth Management Plan update is looking at areas that could change density but he does not know if the changes will occur in this area. Hedrick stated that Millikan made multiple references to other developments and he said that things must be looked at what the current Unified Development Ordinance and the Growth Management Plan require at the time the application is filed. Hedrick went on to say that a conservation subdivision could possibly work on this parcel and Hedrick reminded Millikan that he decided to try to develop the property in the manner submitted. Hedrick told Millikan that the Board of County Commissioners approved a new type of subdivision, a conservation subdivision, for transitional areas but that there are buffer standards and open spaces, requirements for that type of development. Austin reminded the Planning Board that Johnson outlined at the beginning of the meeting that the County is updating the Growth Management Plan and that the update should be done in a few months and that Millikan needs to consider that before deciding on his proposed development. Johnson said that the County should not take a parcel-by-parcel approach to zoning decisions but look at the bigger picture and think about the future. Johnson said that the original Growth Management Plan was done in 2002 and updated in 2009 and development pressures are different now in 2023 than they were in 2002 or 2009. Johnson said that he expects the Growth Management Plan will be completed around June 2023, and then given to the Planning Board and the Board of County Commissioners for their review and adoption of the changes. Cable stated that the Planning Board has seen a steady stream of applications coming to this Board month after month and he commends everyone for coming to the meeting. Cable said that the public meetings are the first the Planning Board hears of this request and that they weigh testimony from both sides before making a decision. Cable went to things are changing and not always for the better. Cable related how he built his house and had 145 acres behind him that he would hike, hunt and ride four-wheelers. Cable said that then Randolph County Schools decided to build a school on that property and everything changed—the serenity went away. Cable went on to say that if everything remained the same, Providence Grove High School would have never been built. Cable reminded everyone that change is coming and this property will not be used for third or fourth-generation homes on the site and the development needs to be in a manner consistent with the community. Cable said that he is proud of the Planning Board members and how they take the responsibility given to them to make these tough decisions. Cable further stated that he thinks the property fits in the direction the Count is going and if the public would look at what the North Carolina General Assembly is trying to pass as new laws, it could get even worse. Cable concluded by saying that this is a Planning Board Minutes April 4, 2023 Page 8 of 14 situation that the Planning Board needs to look at moving forward with the updated Growth Management Plan. Kemp stated that the thought the new Growth Management Plan will look at green space requirements and it could make development a more complicated process in the future. Kemp went on to say that if Millikan would be patient and withdraw his request for a couple of months it might be the best thing to do in this situation. Pell said the wanted to say the same thing as he would hate to see the Planning Board deny the rezoning request and for Millikan to have to wait a full year before coming back before the Planning Board. Austin said that by being on Growth Management Plan Steering Committee there is going to be a lot of work and input on the new plan and much of what has been discussed tonight is in the new plan and he would suggest that Millikan consider delaying his rezoning request. Cable made the motion to reopen the public hearing and seconded the motion to reopen the public hearing to allow Millikan to decide on this request. Pell, having a proper motion and second, called the question on the motion to reopen the public hearing, and the motion was adopted unanimously. Millikan stated that the same thing happened the last time and he withdrew his request then and Millikan asked if he had time to decide on this request. Morgan said that Millikan can either withdraw or table his request and Morgan stated that he thought it would be proper for Millikan to withdraw his request. Millikan stated that he wanted to WITHDRAW his rezoning request. Cable said that he appreciates the three members on the Growth Management Plan Steering Committee and the difficult work they are doing to help the County. REZONING REQUEST #2023-00000567 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by CAROLINA TRAVEL MANAGEMENT, INC, Randleman, NC, and their request to rezone 5.09 acres out of 29.56 acres at 10367 Randleman Rd, Level Cross Township, Randleman Lake Protected Area Watershed, Tax ID #7758809298, Primary Growth Area, from RA - Residential Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow an overflow parking lot as per the site plan. Planning Board Minutes April 4, 2023 Page 9 of 14 Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. Jonathan Moody, a representative from Carolina Travel Management, rose to address the Planning Board. Moody stated that the year 2004 was their last expansion at the present facility and between 2004 and 2016, the company grew even larger and their fleet of existing busses was starting to take up so much space they had to do something. During the COVID-19 pandemic, the company started selling the busses but the NC Department of Motor Vehicles notified the company that they were in violation by selling the busses. Carolina Travel received the necessary zoning approval to sell the extra busses and that, since that time, the business has mostly recovered from the COVID-19 pandemic. Pell asked if there were any questions from the Planning Board members. Beeson asked Moody if the area in white on the site plan was intended for bus sales. Moody responded yes and that they had sold buses from New York to Florida. Kemp asked about the spillover parking that is being requested and Moody stated that– when the buses are on the road they do not have enough parking spaces for travelers, employees, drivers, etc., and that they need more parking spaces to be able to accommodate everyone at the site. Beeson stated that it is good that the business is coming back to life and that the company is having to hire more people. Pell asked if there was anyone else in attendance in favor of the rezoning request. Hearing none, Pell asked if there was anyone in attendance in opposition to the rezoning request. Hearing none, Pell closed the public hearing. Cable asked if the property had been posted and if letters had been sent out and the Planning Staff responded that all requirements were completed. Cable said that he is glad the company was able to take a bad situation (COVID-19) and make it work to keep the business open. Cable related that he travels the State and country and nothing makes him prouder than to see their busses on road and that the request should be approved as the hard work of the company is paying off. Cable made the motion to APPROVE the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Beeson made a second to the motion to APPROVE the rezoning request. Planning Board Minutes April 4, 2023 Page 10 of 14 Pell, having a proper motion and second, called the question on the motion to APPROVE the rezoning request, and the motion was adopted unanimously. Johnson told the applicant that due to the potential of an appeal of the rezoning decision, the approval paperwork would be sent after the deadline for filing an appeal if no appeal is requested. REZONING REQUEST #2023-00000595 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by JOSE FLORES, Asheboro, NC, and his request to amend the existing Conditional District Permit on 2.39 acres at 7606 US Hwy 220 S, Richland Township, Tax ID #7665688138, Primary Growth Area, from LI-CD - Light Industrial - Conditional District to LI-CD - Light Industrial - Conditional District. The proposed Conditional Zoning District Amendment would specifically amend the existing Conditional District permit to allow an 80 ft. by 60 ft. addition to the existing building as per the site plan. Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. Jose Flores, 108 West Edgewood Cir, said that this is his fourth appearance before the Planning Board and that his business has grown so much that needs even more room for operations. Johnson asked Flores what he makes at the facility and his number of employees. Flores replied that the business makes socks and that he currently has eight employees. Davis asked Flores if the business manufactures and warehouses on the same parcel and Flores responded, “Yes.” Pell asked if there was anyone else in attendance in favor of the rezoning request. Krista Dunn, 188 West Edgewood Cir, told the Planning Board that she owns 4.6 acres adjacent to this parcel and asked how many buildings will be on the parcel. Dunn stated that West Edgewood Cir is a private road and how many more employees and trucks will be using the road. (It was confirmed after the public hearing that West Edgewood Cir is a State maintained road (SR1128.)) Dunn stated that UPS trucks are coming through the area due to GPS routing and this is putting more of the burden on citizens that live in the area and that they are also concerned about the noise level. Davis asked about the relationship between the request location and West Edgewood Cir. Flores stated that the old church fronts on US Hwy 220 S but also has a drive from West Edgewood Cir and his current application is only for the property on US Hwy 220 S. Planning Board Minutes April 4, 2023 Page 11 of 14 Flores told the Planning Board that he owns all of the property where his business is located. Morgan stated that the only thing before the Planning Board is the property in red on the map. The property on West Edgewood Cir is not involved in this request. Hedrick stated that if the Planning Board approves the request, Flores has to adhere to the approved site plan. Cable said that the Planning Board is only talking about the property this is outlined in red on the GIS maps or the specific site plan provided by Flores. Flores stated that he is only wanting to do an addition to one building and Beeson said that Flores was just adding to the existing building. Cable explained the site plan that was provided by Flores. Pell asked if there was anyone else in attendance in opposition to the rezoning request that wanted to address the Planning Board. Hearing none, Pell closed the public hearing. Hedrick said that by looking at the aerial site plan, it appears to show concrete across the property line. Kemp asked if the proposed addition has anything to do with the adjoining property and he was told that the adjoining property is not part of this request. Hedrick stated again that the aerial site plan shows concrete across the property line. Davis congratulated Flores by saying that his hard work has paid off and that his business continues to grow. Davis made the motion to APPROVE the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Cable made a second to the motion to APPROVE the rezoning request. Pell, having a proper motion and second, called the question on the motion to APPROVE the rezoning request, and the motion was adopted 6-1 with Hedrick voting against the motion to approve the rezoning request. Planning Board Minutes April 4, 2023 Page 12 of 14 Johnson told the applicant that due to the potential of an appeal of the rezoning decision, the approval paperwork would be sent after the deadline for filing an appeal if no appeal is requested. REZONING REQUEST #2023-00000599 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by ZACHARY DANIEL DAVIDSON, Denton, NC, and his request to rezone 2.29 acres on Brantley Gordon Rd, Concord Township, Tax ID #6698784149, Rural Growth Area, from RA - Residential Agricultural District to RBO-CD - Rural Business Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a farm equipment repair and service business as per the site plan. Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. Zachary Davidson, 5898 Brantley Gordon Rd, rose to address the Planning Board and said that he wanted to rezone the property to Rural Business Overlay – Conditional District and that wanted to start his own farm equipment repair and service business at this location. Davidson relayed how he went to Tulsa Welding School in FL and now has his welding rig and is looking to start his own business at this site and the work hours would be from 5:00 pm to 9:00 pm, Monday through Saturday. Davidson said that he would plant trees around the property and they would be fast-growing evergreen trees. Davis asked about the type of buffer and Davidson said it would be a Level III buffer. Davidson said that he works part-time at the business and two other part-time employees and the only full-time employee is his wife. Vaughan stated that this is a very nice area, well maintained, and that she thought the neighbors would be happy to have this new business in the area from such a nice family. Davidson said that homeowners in the area have been looking for this type of business for a while. Austin asked about the existing drive and Davidson said it is just a gravel drive. Cable said the drive is more like a path. Pell asked if there was anyone else in attendance in favor of the rezoning request. Hearing none, Pell asked if there was anyone in attendance in opposition to the rezoning request. Hearing none, Pell closed the public hearing. Planning Board Minutes April 4, 2023 Page 13 of 14 Davis said that he wanted to thank this young man for his work ethic and he seems respectable and responsible. Cable said he thought that Davidson is a great young man and wished him much success in the future. Cable made the motion to APPROVE the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Beeson made a second to the motion to APPROVE the rezoning request. Pell, having a proper motion and second, called the question on the motion to APPROVE the rezoning request, and the motion was adopted unanimously. Johnson told the applicant that due to the potential of an appeal of the rezoning decision, the approval paperwork would be sent after the deadline for filing an appeal if no appeal is requested. Johnson mentioned to the Planning Board about pending legislation on subdivisions by the NC General Assembly and that the State is looking at removing controls from the municipalities and counties and these changes could be bad as they would take away the ability of local governments to control growth in their jurisdictions. Morgan stated that this bill is moving through the General Assembly and the proposal has gotten further this session than in previous sessions. Cable stated that this bill is an example of a bad bill. Hedrick said that he thinks this bill tries to penalize jurisdictions that try to control growth in an orderly fashion. Morgan stated that he had heard that the Association of Realtors is behind this current proposal. Johnson referred the Planning Board members to the e-mail sent out by Hedrick and that Hedrick did a good summary of the proposal. Hedrick said that the current House bill is different than the Senate bill and the proposal is currently in committee. Planning Board Minutes April 4, 2023 Page 14 of 14 Pell stated that he has gotten a couple of calls regarding the legislation and the intent is to try and make housing more affordable. Cable said that this reminds him of when developers would pile housing on top of other houses as they did before to get the most money from the project. Hedrick said that there are vague definitions in the proposal and that it adds more hoops for people to jump through when looking for affordable housing. Having no further business, Pell called for a motion to ADJOURN the meeting. Cable made the motion to adjourn, with Beeson making the second to the motion. Pell, having a proper motion, and second, called the question on the motion to ADJOURN. The motion passed unanimously. The meeting adjourned at 8:13 p.m., with 33 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Chairman _________________________ _______________________________ Clerk to the Board Date May Request Location Map 0 2 4 6 81 Miles Archdale Trinity Randleman Asheboro Seagrove Liberty Staley Ramseur Franklinville Legend Roads Reservoirs County line Municipal Zoning FSC II, LLC Sparks Radford Wishon CASE SUMMARY FOR SPECIAL USE REQUEST #2023-00000880 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by LARRY SPARKS, Ramseur, NC, and his request to obtain a Special Use Permit at 424 Lee Layne Rd, Columbia Township, Tax ID #8712645602, 3.01 acres, RA - Residential Agricultural District and RR – Residential Restricted District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a towing service with an outside storage lot as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affimation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to offer testimony on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you God.” PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710871200JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A TOWING SERVICE WITH AN OUTSIDE STORAGE LOT AS PER THE SITE PLAN. Signature of Applicant: Eric Martin Authorized County Official Applicant: SPARKS, LARRY City, St. Zip: RAMSEUR, NC 27316 Address: 424 LEE LAYNE RD Owner: SPARKS, LARRY TEKIA Address: 424 LEE LAYNE RD City, St. Zip: RAMSEUR, NC 27316 Permit #: 2023-00000880 Parcel #: 8712645602 Date: 03/30/2023 Location Address: 424 LEE LAYNE RD RAMSEUR, NC 27316 Permit Type Code: PZ 3 CONTACT NAME:SPARKS, LARRY Contact Phone:336 953-0968 RICHARD E CANOY JR & JACQUELINE CANOY 1 Acreage: Township:3.0100 06 - COLUMBIA Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Sparks Request Location Map L E E L A Y N E R D 1 inch equals 400 feet Directions to site: US Hwy 64 E - (R) Lee Layne Rd - Site on (R) approx. 6/10 mile at 424 Lee Layne Rd. Sparks Special Use Permit Request !( !( !( !( !( !( !( !( !( !( L E E L A Y N E R D 1 inch equals 400 feet Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads Streams 50 ft. Stream buffer County zoning Districts RA RR Sparks Special Use Permit Request L E E L A Y N E R D Legend Parcels Roads 1 inch equals 100 feet Existing residence Proposed display area with screening Sparks Special Use Permit Request L E E L A Y N E R D 1 inch equals 200 feet Legend Parcels Roads Streams 50 ft. Stream buffer Sparks Special Use Permit Request FOUSHEE RD US HWY 6 4 E ROBY C O E R D L E E L A Y N E R D 1 inch equals 1,000 feet Legend Roads Growth Management Municipal Growth Area Primary Growth Area Secondary Growth Area Sparks Special Use Permit Request Picture 1: Request location. Picture 2: Property across road from request location. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward US Hwy 64 E. Picture 6: Request location on right as seen looking toward Foushee Rd. 4/4/2023 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 8712542636 114.23 R2626;W 002241/00919 CARMAC, PHILLIP CHAD (CARMAC, MELANY W)550 LEE LAYNE RD RAMSEUR, NC 27316 8712644823 1 R2626;W 002207/01306 JESSUP, DAVID M (JESSUP, JOYCE)386 LEE LAYNE RD RAMSEUR, NC 27316 8712645602 3.01 RICHARD E CANOY JR & JACQUELINE CANOY 002850/00601 SPARKS, LARRY TEKIA (NELSON, KRISTINA K)424 LEE LAYNE RD RAMSEUR, NC 27316 8712751160 69.01 R2626;BOTH 002211/00332 CANOY, RICHARD E JR (CANOY, JACQUELINE M)6087 ROBY COE RD RAMSEUR, NC 27316 Page: 1 of 1 COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY LARRY SPARKS SPECIAL USE REQUEST #2023-00000880 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 2, 2023, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 424 Lee Layne Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR LARRY SPARKS BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2023-00000886 GENERAL INFORMATION Applicant: FSC II, LLC Property Owner: FCS II, LLC Hearing Type: Legislative Request: To rezone 11.93 acres to allow the expansion of the existing asphalt plant as per the site plan. Current Zoning: HI-CD – Heavy Industrial – Conditional District Requested Zoning: HI-CD – Heavy Industrial – Conditional District Small Area Plan: None Growth Management: Primary Growth Area Watershed Overlay: Rocky River Balance Flood Plain Overlay: None Airport Overlay: None Location: 6867 Willard Rd Parcel Number: 8725766570, 8725757997 and 8725960159 Parcel Size: 11.930 Existing Use: Asphalt plant Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Vacant South RA - Residential Agricultural District Single-family residential East RA - Residential Agricultural District US Hwy 421 West RA - Residential Agricultural District Vacant TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): HI: HEAVY INDUSTRIAL DISTRICT PURPOSE The purpose of the Heavy Industrial (HI) District is to provide a place to accommodate those industries whose normal operations include dust, noise, odor, or other emissions that may be deemed as objectionable. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Staff Report and Map Amendment Evaluation Page 3 of 4 Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 1.1 Sustainable economic development, environmental protection, and quality of life, shall be pursued together as mutually supporting public policy goals. Consistency Analysis: The existing asphalt plant has been in operation for many years. Due to recent market demands, the company has found it necessary to expand operations. Instead of going to a different location they have chosen to expand at this site. By remaining at this location, the applicant will be able to continue its existing economic development while protecting the environment and the quality of life of the area citizens at the same time. Policy 3.1 Industrial development should be on land that is physically suitable and has unique locational advantages for industry. Advanced planning for the identification of such land should be encouraged. Staff Report and Map Amendment Evaluation Page 4 of 4 Consistency Analysis: By expanding the existing facility, the applicant will be using land that is physically suitable and had advantages for the business such as its proximity to NC Hwy 49 and US Hwy 421. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: HI-HEAVY INDUSTRIAL DISTRICT Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 3: Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710872400K Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 11.9300 Lot Size Indicator: ACRE(S) Proposed Zoning District: HI-CD-HEAVY INDUSTRIAL CONDITIONAL DISTRICT Proposed Use(S): TO REZONE 11.93 ACRES TO ALLOW THE EXPANSION OF THE EXISITING ASPHALT PLANT AS PER THE SITE PLAN Condition(S): Applicant: FSC II LLC City, St. Zip: RALEIGH, NC 27607 Address: 701 CORPORATE CENTER DR Owner: FSC II LLC Address: 701 CORPORATE CENTER DR #101 City, St. Zip: RALEIGH, NC 27607 Permit #: 2023-00000886 Parcel #: 8725766570 Date: 03/30/2023 Location Address: 6867 WILLARD RD STALEY, NC 27355 Permit Type Code: PZ 2 CONTACT NAME:WERENKO, DALE Contact Phone:919 535-5171 RACHEL WESTMORELAND1B-2 Acreage: Township:8.4400 11 - LIBERTY Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE FSC II, LLC, Request Location Map NC H W Y 4 9 N POE R D US H W Y 4 2 1 U S 4 2 1 S B E XIT R A M P N C H W Y 4 9 N US421NBONRAMPNCHWY49N WI L L A R D R D 1 inch equals 400 feet Directions to site: NC Hwy 49 N - (L) Willard Rd - Site on (R) approx 1/2 mile past Poe Rd at 6867 Willard Rd. FSC II LLC, Rezoning Request !( !( !( !( !(!( !( !( !( !( !( RockyRiver U S 421 N B O N R A M P N C H W Y 49 N U S H W Y 4 2 1 W IL L A R D R D The request is located in Rock River Watershed Area. 1 inch equals 400 feet Liberty Raceway Park (Rezoned in 2007) SUP for lawn mover repair (2001) SUP for 250 ft. telecommunications tower (1996) Request location KÈ Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Miscellaneous Structures Roads Streams 50 ft. Stream buffer Flood plains Town of Liberty Zoning County zoning Districts HI RA FSC II LLC, Rezoning Request Ro cky R iver RockyRiver U S 4 2 1 S B E X I T R A M P N C H W Y 4 9 N US 421 NB O N R A M P N C H W Y 49 N U S H W Y 4 2 1 W I L L A R D R D The request is located in Rock River Watershed Area. 1 inch equals 400 feet Liberty Raceway Park (Rezoned in 2007) KÈ Legend Parcels Roads 50 ft. Stream buffer FSC II LLC, Rezoning Request POERD DUNCAN FARM RD US 421 N B O N R A M P NCHWY49N US421SBONRA M P NCH WY49 N SANDYCREEKCHU R C H R D NCHWY49N WA L L R D U S H W Y 4 2 1 WILLA R D R D The request is located in Rock River Watershed Area. 1 inch equals 1,000 feet Legend Roads Growth Management Municipal Growth Area Primary Growth Area Secondary Growth Area Rural Growth Area FSC II, LLC, Rezoning Request Picture 1: Request location. Picture 2: Request location. Picture 3: Adjacent residence. Picture 4: Liberty Raceway Park. Picture 5: Request location on right as seen looking Wall Rd. Picture 6: Request location on left as seen looking toward Poe Rd. 4/4/2023 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 8725677142 18.59 DONALD R WESTMORELAND;L1A +L1 002297/01133 LIBERTY RACEWAY PARK LLC 1228 E ALLRED ST ASHEBORO, NC 27203 8725753940 11.13 R2438;W 001491/00334 ISOM, SHARON MARIE (ISOM, JOE THOMAS)6910 WILLARD RD STALEY, NC 27355 8725755454 33.96 R2438;W 001093/00321 LOWE, BOBBY V 7214 WILLARD RD STALEY, NC 27355 8725757997 1.13 DONALD WESTMORELAND;L3 002819/01173 FSC II LLC 701 CORPORATE CENTER DR STE 101 RALEIGH, NC 27607 8725761470 6.59 RACHEL WESTMORELAND;L3 001420/01293 WESTMORELAND, RACHEL 6898 WILLARD RD STALEY, NC 27355 8725766570 8.44 DONALD WESTMORELAND LO 1B-2 002722/01326 FSC II LLC 701 CORPORATE CENTER DR STE 101 RALEIGH, NC 27607 8725855297 35.84 R2438;E 001938/01945 NUNN, MELVIN CORNELL JR (NUNN, ERIKA H)7093 WILLARD RD STALEY, NC 27355 8725877212 20.56 R421;N 002181/01122 ISOM, STEPHEN M (ISOM, LISA H)5401 NC HWY 49 N LIBERTY, NC 27298 8725941393 19.08 WHITE & MCMASTERS TR 1 +TR 002564/01011 WHITE, THEODORE MARDEN (ZHANG, JUN)914 S KIRKMAN ST LIBERTY, NC 27298 8725955627 0.6 R421;N 002759/00256 LINEBERRY, RUSSELL SCOTT 6841 LAYTON RD LIBERTY, NC 27298 8725960159 28.9 R421;BOTH SIDES 002759/00256 LINEBERRY, RUSSELL SCOTT 6841 LAYTON RD LIBERTY, NC 27298 8725969059 0.78 R49;W 001246/00403 ISOM, ROY L (ISOM, RACHEL S)5423 NC HWY 49 N LIBERTY, NC 27298 8725978002 18.17 R49;W 00009E/00979 ISOM, RACHEL 5423 NC HWY 49 N LIBERTY, NC 27298 Page: 1 of 1 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY FSC II, LLC REZONING REQUEST #2023-00000886 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HI-CD - Heavy Industrial - Conditional District as described in the application of FSC II, LLC, are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 421 which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 1.1 Sustainable economic development, environmental protection, and quality of life, shall be pursued together as mutually supporting public policy goals. Consistency Analysis: The existing asphalt plant has been in operation for many years. Due to recent market demands, the company has found it necessary to expand operations. Instead of going to a different location they have chosen to expand at this site. By remaining at this location, the applicant will be able to continue its existing economic development while protecting the environment and the quality of life of the area citizens at the same time. Policy 3.1 Industrial development should be on land that is physically suitable and has unique locational advantages for industry. Advanced planning for the identification of such land should be encouraged. Consistency Analysis: By expanding the existing facility, the applicant will be using land that is physically suitable and had advantages for the business such as its proximity to NC Hwy 49 and US Hwy 421. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 11.93 acre parcel, having the Randolph County Parcel Identification Number of 8725766570, 8725757997 and 8725960159 is currently zoned RA - Residential Agricultural District and HI-CD – Heavy Industrial – Conditional District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 2, 2023 to consider the proposed rezoning on application number 2023- 00000886, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HI-CD - Heavy Industrial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2023-00000873 GENERAL INFORMATION Applicant: Allen Radford Property Owner: Matthew Newman Hearing Type: Legislative Request: To amending the existing site plan to allow a 40 ft. by 60 ft. pole shed and gravel lot with 25% impervious surface as per the site plan. Current Zoning: HC-CD – Highway Commercial – Conditional District Requested Zoning: HC-CD – Highway Commercial – Conditional District Small Area Plan: None Growth Management: Primary Growth Area Watershed Overlay: Randleman Lake Protected Area Flood Plain Overlay: None Airport Overlay: None Location: 10973 Randleman Rd Parcel Number: 7758955367 Parcel Size: 0.46 acres Existing Use: Vacant building on the property Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residence South RA - Residential Agricultural District Single-family residence East RA - Residential Agricultural District Single-family residence West RA - Residential Agricultural District Single-family residence TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: The property was rezoned to HC-CD – Highway Commercial – Conditional District in November, 2002, to allow a used car sales lot with the display of a maximum of 10 vehicles. The conditions further state that there can be no more than three vehicles displayed in front of the residence and that they must maintain adequate sight line for the adjoining private drive. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): HC: HIGHWAY COMMERCIAL DISTRICT PURPOSE The purpose of the Highway Commercial (HC) District is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to tourists. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Staff Report and Map Amendment Evaluation Page 3 of 4 Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development. Consistency Analysis: This property was rezoned on November 4, 2002, with the conditions to allow a used car sales lot with a maximum display of ten vehicles and that no more than three vehicles could be displayed in front of the existing house. Another condition was that the applicant must maintain adequate sight lines for the adjoining private drive. That business never opened for operation. The current proposal is less intense as it is for a pole shed and a gravel parking lots. By using this location, the Staff Report and Map Amendment Evaluation Page 4 of 4 proposed development will be compatible with the existing land uses and will minimize lengths of commercial development. Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of existing commercially zoned property, only when such consolidation and deepening can be developed in a way that lessens the effect of incompatibility with adjoining residential land uses. Consistency Analysis: By using the previously zoned HC-CD – Highway Commercial – Conditional District parcel, the applicant is making use of the existing zoned property that will lessen the impact of a more dense development. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: RANDLEMAN LAKE WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710775800K Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 0.4600 Lot Size Indicator: ACRE(S) Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Proposed Use(S): TO AMEND THIS EXISTING SITE PLAN TO ALLOW A 40' X 60' POLE SHED AND GRAVEL LOT WITH 25% IMPERVIOUS SURFACE AS PER THE SITE PLAN. Condition(S): Applicant: RADFORD, ALLEN City, St. Zip: RANDLEMAN, NC 27317 Address: P O BOX 384 Owner: NEWMAN, MATTHEW Address: 3607-37 MCCUISTON RD City, St. Zip: GREENSBORO, NC 27407 Permit #: 2023-00000873 Parcel #: 7758955367 Date: 03/30/2023 Location Address: 10973 RANDLEMAN RD RANDLEMAN, NC 27317 Permit Type Code: PZ 2 CONTACT NAME:RADFORD, ALLEN Contact Phone:336 736-0607 Acreage: Township:0.4600 10 - LEVEL CROSS Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Radford Request Location Map RA N D L E M A N R D MIDWAYFORRESTDR 1 inch equals 125 feet US Hwy 220 Bus N - Continue on Randleman Rd - Site on (L) just past Midway Forrest Dr at 10973 Randleman Rd. Radford Rezoning Request MIDWAYFORRESTDR RA N D L E M A N R D The request is located in Randleman Lake Watershed Area. 1 inch equals 200 feet Kivett's Service Station Old Richie's Motel Request location Legend Parcels Structures Type Multi-address Structure Permanent Structure Temporary Structure Roads Streams 50 ft. Stream buffer County zoning Districts HC RA RM RR I OE 5: "[ d ; , : , ii " ,' l l il . t ! ii , :. i !" i l o il l ,; iJ ! ; 5 i 3 E 4i i ,t ' , !; 3 : l i r "[ 5f l , l l l l= ti t ! i 0i ! ! !i : I!! q,!r! ir l !t i t: ; ir!ti ,I!i!I :!lt!i!i TI ii : ii i ;i t i ii i i :_ ; r !i ! r ii r ! :r : t il i r !3 ; l ii ! i i, t i il : l i; i l r. t : ii t i irri!liiritiiltiilt; ! il ! lt i r' 9 Ii,lI !ti l;liil!t talt'tt; ;l!i E i!l3!II! !iI :r I ti i i : :! ! tl t i il i t r ! lE l i {3 I! a . i: l ;! E ! I .t ! !. : j I $ ,l lij tr:: ;q . * i - I 1 i il l i i ! sl e - g x i 4lk cxi l l i ! BB r 6: l: ! ij ,i l !: i IIZ I ,l l l !l l :: I rl l l l l l Ir , i l l l I' il l li tl i I ItIii i :l iI!lIt!!t!::;Iliti I!iIrlIIrlIi:i !i i ii , i !:g3 !II I ir!l IIii ir l ;I lr i i ii i r i li i i i II II,lIi.It Ili r saLli r r I IttiIt !II!,ttiil, !:I! .i 'I :\ "" - t " ' 3 -- - { O- < (_ I J- Radford Rezoning Request RA N D L E M A N R D MIDWAYFORRESTDR The request is located in Randleman Lake Watershed Area. 1 inch equals 125 feet Kivett's Service Station Old Richie's Motel Legend Parcels Roads 50 ft. Stream buffer Radford Rezoning Request VI O L E T R I D G E R D SY C A M O R E D R VE R M O N T D R HE R I T A G E L N MA G N O L I A L N B I RCH DR PO W E R L I N E R D ROCKETTRD COLONIAL LOOP DEERFIELDCTRY R D HOCKETTDAIRY R D CLODFELTER TRL R A N D L E M A N R D K E L L Y C O L T R A N EDR L A W R ENCE F A RM L N INTERSTATEHWY 73 The request is located in Randleman Lake Watershed Area. 1 inch equals 1,000 feet Legend Roads Growth Management Primary Growth Area Secondary Growth Area Rural Growth Area Radford Rezoning Request Picture 1: Request location. Picture 2: Property across road from request location. Picture 3: Nearby Old Richie’s Motel. Picture 4: Adjacent residence. Picture 5: Request location on right as seen looking toward Hockett Dairy Rd. Picture 6: Request location on left as seen looking toward Rockett Rd. 4/4/2023 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 7758952546 0.46 MIDWAY FOREST;L34A-37A 002833/00558 RANDLEMAN PROPERTIES LLC P O BOX 1758 LAURENS, SC 29360 7758953312 0.46 R220;W DEEDED ACCESS 002473/00129 UNITED REAL ESTATE AQUISITIONS LLC P O BOX 1805 NEW PORT RICHEY, FL 34656 7758953431 0.48 R1007;W DEEDED ACCESS 002614/01389 RENT TO WORK LLC 1367 BARKER DR RANDLEMAN, NC 27317 7758954382 0.05 R220;W PT L29 001127/00262 BURRIS, CLARA ESTATE 1634 E ALLRED ST C/O TONYA CHRISCOE TRUSTEE ASHEBORO, NC 27203 7758955255 0.48 R220;W 002511/01253 SANDS, ANITA DAWN 10961 RANDLEMAN RD RANDLEMAN, NC 27317 7758955367 0.46 R220;W 002372/01012 NEWMAN, MATTHEW 3607-37 MCCUISTON RD GREENSBORO, NC 27407 7758955469 0.65 MIDWAY FOREST;PT L34-37 002660/01597 MARTINEZ, MANUEL GUILLEN 1111 DUKE ST GREENSBORO, NC 27406 7758959123 4.25 MIDWAY FOR;L102-105,102A-105A,83A 002646/00634 MACHUCA, NELSON RAUL 6224 HORSESHOE DR SUMMERFIELD, NC 27358 7768050209 3.28 MIDWAY FOR;L106-115,106A-115A 001701/00001 HONEYCUTT, RAYMOND D JR 708 WEATHERBY LN GREENSBORO, NC 27406 Page: 1 of 1 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY ALLEN RADFORD REZONING REQUEST #2023-00000873 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD - Highway Commercial - Conditional District as described in the application of Allen Radford are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 220 Bus Nwhich is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development. Consistency Analysis: This property was rezoned on November 4, 2002, with the conditions to allow a used car sales lot with a maximum display of ten vehicles and that no more than three vehicles could be displayed in front of the existing house. Another condition was that the applicant must maintain adequate sight lines for the adjoining private drive. That business never opened for operation. The current proposal is less intense as it is for a pole shed and a gravel parking lots. By using this location, the proposed development will be compatible with the existing land uses and will minimize lengths of commercial development. Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of existing commercially zoned property, only when such consolidation and deepening can be developed in a way that lessens the effect of incompatibility with adjoining residential land uses. Consistency Analysis: By using the previously zoned HC-CD – Highway Commercial – Conditional District parcel, the applicant is making use of the existing zoned property that will lessen the impact of a more dense development. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 0.46 acre parcel, having the Randolph County Parcel Identification Number of 7758955367 is currently zoned HC-CD - Highway Commercial - Conditional District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 2, 2023 to consider the proposed rezoning on application number 2023- 00000873, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2023-00000876 GENERAL INFORMATION Applicant: Steve Wishon Property Owner: Teresa C Wood and Robin C Bryant Hearing Type: Legislative Request: To rezone 1.68 acres out of 3.59 acres to allow an auto repair garage and towing service in an existing building as per the site plan. Current Zoning: RA – Residential Agricultural District Requested Zoning: HC-CD – Highway Commercial – Conditional District Small Area Plan: None Growth Management: Secondary Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: 1319 Nance Rd Parcel Number: 7783518921 Parcel Size: 1.68 acres out of 3.59 acres Existing Use: Single-family residential Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residential South RA - Residential Agricultural District Single-family East RR - Residential Restricted District residential West RA - Residential Agricultural District Single-family TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): HC: HIGHWAY COMMERCIAL DISTRICT PURPOSE The purpose of the Highway Commercial (HC) District is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to tourists. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line Staff Report and Map Amendment Evaluation Page 3 of 4 DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: This request location is the site of an old lawnmower dealership that has been closed for several years. By rezoning the property in this rural commercial area, the applicant can increase economic activity, job creation and the provision of services to the entire community and County. Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend upon the scale of the proposed development as it relates to the specific site and location weighed against impacts to adjoining rural land uses. Consistency Analysis: As previously state, the request location is the site of an old lawnmower dealership that has been closed for several years. The applicant is requesting Staff Report and Map Amendment Evaluation Page 4 of 4 to rezone 1.68 acres out of 3.59 acres and, as such, should have minimum impact on the adjoining land uses. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710778300J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 1.6800 Lot Size Indicator: ACRE(S) Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Proposed Use(S): TO REZONE 1.686 ACRES OUT OF 3.59 ACRES TO ALLOW AN AUTO REPAIR GARAGE AND TOWING SERVICE IN AN EXISTING BUILDING AS PER THE SITE PLAN Condition(S): Applicant: WISHON, STEVE City, St. Zip: ASHEBORO, NC 27203 Address: 1313 N FAYETTEVILLE ST Owner: WOOD, TERESA C Address: 1093 FARM CREEK DR City, St. Zip: FRANKLINVILLE, NC 27248 Permit #: 2023-00000876 Parcel #: 7783518921 Date: 03/30/2023 Location Address: 1319 NANCE RD FRANKLINVILLE, NC 27248 Permit Type Code: PZ 2 CONTACT NAME:WISHON, STEVE Contact Phone:336 963-1436 MICAH & KAILEY SAMIOS1 Acreage: Township:3.5900 08 - FRANKLINVILLE Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Wishon Request Location Map HAITHCOCKRD NAN C E R D E X T WINDY DR NANCERD 1 inch equals 500 feet Directions to site: US Hwy 64 E - (L) Loflin Pond Rd - (R) Cedar Falls Rd - (L) Nance Rd - Site on (L) across from Nance Rd Ext at 1319 Nance Rd. Wishon Rezoning Request Bush Creek B u s h Cre e k NAN C E R D E X T WINDY DR NA N C E R D 1 inch equals 400 feet Request location Legend Parcels Structures Type Permanent Structure Temporary Structure Roads Streams 50 ft. Stream buffer Flood plains County zoning Districts RA RR !9i !ii I @1. r.o iCCt ao.um$ rqd *rhin ?000 oi pra.r, ],^6.!tol.idhy.ddt'.!.lntly,.. ^ll [i6 !My.d by sury.y c.rdhr, PrLc aro rndlc.t.d by bord 116. al ri6drey..bytutoa 5,llo.tal,rBn*b,lh69R,lol@l.ruut.qrcdl6Jkb.ml.db,'lkl. l la Jr a oslI ,I , Steve Wishon: THIS SURVEY IS NOT SUEJECT TO GS 47.30AND IS NOT TO BE UsED FOR RECORDING L.gcnd S.ale: 1" ' 100 US Suney F4t Bar kal.: e Suewev CaeouNA PLLc I 5. s. F.y!tt4itl. st, suite B, ah.boo, rlc 2720! Pho. Numb.r: 116 625-3(X)Em.tl: m.llo$0.yc.rollo..ch o20215u*.rC.roltni, Pllc Job r: 15012 I Wishon Rezoning Request WINDY DR NAN C E R D E X T NANCERD 1 inch equals 200 feet Legend Parcels Roads Wishon Rezoning Request N A N CE R DEXT HAITHCOCKRD FARMCREEK D R RIVER RAT R D CE D A R B RADYLN LE S T E R R D CEDAR FALLS RD WINDY DR WHITESMEMORIALRD NANCERD N E V I T L N 1 inch equals 1,000 feet Legend Roads Growth Management Municipal Growth Area Secondary Growth Area Wishon Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward end of Nance Rd. Picture 6: Request location on right as seen looking toward Cedar Falls Rd. 4/4/2023 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 7783423290 18.1 R2141;E L15-17 002315/00891 COX, JAMES DANIEL (COX, JANICA MICHELLE)1442 WHITES MEMORIAL RD FRANKLINVILLE, NC 27248 7783510671 5 R2141;E NO RD FRTG 001242/01610 WILLIAMS, EDWINA STRICKLAND P O BOX 234 CEDAR FALLS, NC 27230 7783517579 10.05 MICAH & KAILEY SAMIOS TR 2 002776/02295 SAMIOS, MICAH (SAMIOS, KAILEY)1281 NANCE RD FRANKLINVILLE, NC 27248 7783518921 3.59 MICAH & KAILEY SAMIOS 00011E/00519 WOOD, TERESA C (BRYANT, ROBIN C)1093 FARM CREEK DR FRANKLINVILLE, NC 27248 7783527465 22.3 R2225;W 002726/02495 MERCADO, URBANO (MERCADO, UTE K)1540 NANCE RD FRANKLINVILLE, NC 27248 7783613844 0.51 HURLEY BENJAMIN NANCE TR A 002746/02571 KIDD, TOMMY RANDALL SR (KIDD, KAREN NANCE)1424 NANCE RD EXT FRANKLINVILLE, NC 27248 7783617520 6.76 HURLEY BENJAMIN NANCE TR B +TR 002846/00414 NANCE, HURLEY B (NANCE, FRANCES B)1182 NANCE RD FRANKLINVILLE, NC 27248 7783624101 0.95 BETTY LOU CALLICUTT CRAVEN 002755/00879 RANGEL, ELPIDIO HERRERA (HERNANDEZ, ALEJANDRIA VILLALOBOS)1366 NANCE RD FRANKLINVILLE, NC 27248 Page: 1 of 1 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY STEVE WISHON REZONING REQUEST #2023-00000876 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD - Highway Commercial - Conditional District as described in the application of Steve Wishon are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which generally has medium density, predominately residential and may contain transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: This request location is the site of an old lawnmower dealership that has been closed for several years. By rezoning the property in this rural commercial area, the applicant can increase economic activity, job creation and the provision of services to the entire community and County. Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend upon the scale of the proposed development as it relates to the specific site and location weighed against impacts to adjoining rural land uses. Consistency Analysis: As previously state, the request location is the site of an old lawnmower dealership that has been closed for several years. The applicant is requesting to rezone 1.68 acres out of 3.59 acres and, as such, should have minimum impact on the adjoining land uses. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 1.68 acre parcel, having the Randolph County Parcel Identification Number of 7783518921 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 2, 2023 to consider the proposed rezoning on application number 2023- 00000876, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 2, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. CONTINUED ON NEXT PAGE April 7, 2023 REVIEW OF SENATE BILL 317: ADDRESSING THE WORKFORCE HOUSING CRISIS This document provides a review of SB317, Addressing the Workforce Housing Crisis, which was filed in the Senate on 3/15/23. The bill seeks to establish workforce housing developments, which are 10‐acre residential developments comprised of single‐family detached, duplex, and attached residential development that are pre‐empted from basic local government planning requirements, including:  Allowable zoning districts  Residential densities  Dimensional requirements  Landscaping  Utility system fees  A maximum 60‐day approval period APANC agrees that there is a crisis of housing availability and affordability for North Carolinians that needs to be addressed, but pre‐emption of local government regulations as the primary means of addressing these challenges falls short of the mark and is likely to produce more problems than it solves. We offer the following observations about the proposed language of SB317. WORKFORCE HOUSING DEVELOPMENTS ALLOWED IN ANY ZONING DISTRICT SB317v1 ‐ p. 3 §160D‐802.1 (a) Requires local governments to permit workforce housing developments in any zoning district regardless of the district's intent or range of uses. This is contrary to NC law requiring communities to adopt comprehensive plans to direct certain uses to most appropriate areas (NCGS §160D‐501) Ignores many State and federal limitations on residential development locations established to protect public safety: (e.g., airport overlay districts, flood damage prevention districts, water supply watershed districts, etc.) EXEMPTION FROM DENSITY AND DIMENSIONAL REQUIREMENTS SB317v1 ‐ p. 3 §160D‐802.1 (a) Prohibits the application of maximum density or minimum dimensional requirements within a workforce housing development. This ignores health/safety aspects related to:  Stormwater management  On‐site wastewater system separation requirements  Roadway access management  Driveway spacing  Firefighting capability The lack of density requirements confounds the ability to plan for future school and infrastructure needs. HOUSING UNIT AFFORDABILITY ONLY ENSURED FOR 1 YEAR SB317v1 ‐ p. 3 §160D‐802.1 (b)(4)(b) Occupancy of affordable units by owners meeting qualifying income limits is only required for one year, and there are no deed restrictions or other protections for long‐term affordability. Affordable units created can be sold as market‐rate units after 12 months. No mechanism to ensure availability of affordable housing over the long term. Only 20% of units in the workforce housing development must be affordable, and only half of those must be designated for purchasers making less than 100% of AMI. AFFORDABILITY ENFORCEMENT PROCEDURES UNCERTAIN SB317v1 ‐ p. 4 §160D‐802.1 (e) Bill language indicates developer as party responsible for confirming income eligibility. No standards, procedures, or oversight in the bill for initial determination of income eligibility. Oversight is not needed for purchasers using State or federal downpayment assistance funds but is required for purchasers not using this assistance. No provisions for eligibility tracking once developer finishes project. This creates an unfunded tracking mandate for local governments who have no authority to request or mandate income information. The bill permits certificates of occupancy to be withheld to ensure a “balance” of affordable/market rate units. Court rulings have barred local governments from withholding COs for reasons other than building code‐related concerns. 10‐ACRE MINIMUM SIZE / NO MULTIFAMILY UNITS ALLOWED SB317v1 ‐ p. 3 §160D‐802.1 (b)(1) Requires developments to be at least 10 acres in size, and limits uses to single‐family and two‐ family dwellings. Focuses workforce developments on large vacant tracts in suburban/exurban locations, away from employment centers, transit, and necessary public services. _________________________ 60‐DAY APPROVAL DEADLINE SB317v1 ‐ p. 3 §160D‐802.1 (d) Requires approval/denial of a workforce development application within 60 days. 60 days is insufficient to review a preliminary subdivision plat, construct and accept public infrastructure, and review and record a final plat in North Carolina. EXEMPT FROM IMPACT/SYSTEM DEVELOPMENT FEES SB317v1 ‐ p. 4 §160D‐802.1 (h) Local governments may not impose impact fees or water or wastewater system development fees on workforce lots. This results in increased costs/charges that must be borne by other ratepayers and taxpayers beyond those in the workforce development. ___________________________ NO LANDSCAPING MAY BE REQUIRED SB317v1 ‐ p. 3 §160D‐802.1 (d) Prohibits local governments from requiring any landscaping internal to the development (other than a 20‐foot‐wide perimeter vegetated buffer). This violates State and federal requirements for sedimentation and erosion control and may also violate other State requirements for riparian buffers. The remaining 80% of the lots in the workforce development contain market rate homes but no landscaping requirements. We believe the legislation could be improved with the following revisions: 1. Inclusion of a better balance between reseller equity capture and long‐term provision of affordable units, such as deed restrictions. 2. Use of an outside agency or other mechanism to track purchaser income eligibility rather than the developer or a local government. 3. Assistance to local governments from the General Assembly with housing planning mandates and funding incentives for provision of workforce housing (as is currently being done in other states) rather than legislation that rests primarily on regulatory pre‐emption. The North Carolina Chapter of the American Planning Association stands ready to assist and engage the Legislature and other groups in whatever capacity would be appropriate, including providing more detail on anticipated repercussions of this legislation or working to develop collaborative solutions to the State’s affordable housing crisis. Thank you for your consideration and your hard work towards making North Carolina a better place to live. SB 317 Resolution April 12, 2023 Page 1 of 2 Resolution of the Randolph County Board of Commissioners On SB 317 WHEREAS, the legislation proposed in Senate Bill 317, Addressing the Workforce Housing Crisis, is of great concern to the County of Randolph and other local governments within North Carolina as it takes authority from local government to make important, major land use decisions; and WHEREAS, provisions within this legislation are contrary to State law requiring communities to adopt comprehensive plans as required by NCGS § 160D-501; and WHEREAS, provisions within this legislation ignores State and federal limitations on residential development locations such as Airport Overlay Districts, Flood Damage Prevention Ordinances and Watershed Protection Ordinances; and WHEREAS, provisions within this legislation ignore health and safety aspects and firefighting capability; and WHEREAS, provisions within this legislation remove the ability to control density; and WHEREAS, provisions within this legislation allow affordable units created under the proposal to be sold a market-rate after twelve months and contains no mechanism to ensure availability of affordable housing for the future; and WHEREAS, provisions within the legislation requires twenty percent of the residences in the development to be affordable and half of those must be designated for citizens making less than one hundred percent of the average median income; and WHEREAS, provisions within the legislation includes no standards for initial determination of income eligibility, no provisions for eligibility tracking and thereby creates an unfunded tracking mandate for local governments who have no authority to request or mandate income information; and WHEREAS, provisions within the legislation focuses workforce developments on large vacant tracts in suburban locations; and SB 317 Resolution April 12, 2023 Page 2 of 2 WHEREAS, provisions within the legislation limits the review period to sixty days which is insufficient to review a workforce development or subdivision; and WHEREAS, provisions within the legislation violate State and federal requirements for sedimentation and erosion control; and WHEREAS, provisions within the legislation allows the remaining eighty percent of the lots in the development to contain market rate homes but eliminates any landscaping requirements. NOW, THEREFORE BE IT RESOLVED that copies of this resolution are sent to our legislative delegation and to the leadership of the North Carolina General Assembly to stop Senate Bill 317 from becoming law and to work together to find real ways to advance affordable housing opportunities. Adopted this the fourth day of May, 2021. ________________________________________ Chair, Randolph County Board of Commissioners ________________________________________ Clerk to the Board